NASIMBANO Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants who are the original claimants have challenged the judgment and award passed by the Railway Claims Tribunal in OA(IIu)/NGP/2015/0213, dtd. 28/04/2017 by which the claims of the claimants is rejected by the Tribunal.

(2.) The brief facts which are necessary for the disposal of the appeal are as under: On 06/12/2014, the deceased Sk. Hafeez s/o Sk. Ibrahim along with his elder sister and brother came to Akola Railway Station in order to drop his sister to her at Malkapur and accordingly, the brother of the deceased purchased two railway tickets from Akola to Malkapur for the deceased and his sister. The tickets were handed over to his sister. The deceased and his sister both boarded in Prerna Express in two different bogies, due to the crowd in the train. The deceased was standing near the door of the compartment of the train, whereas his sister was in a different bogie. While departing the train at Akola Railway Station, there was a sudden jerk to the train, due to which the deceased fell down from the said running train near KM No.583/11-13 and died on the spot. The sister of the deceased after getting down at Malkapur Railway Station had handed over the ticket to the Ticket Collector at Malkapur. As per the contention of the claimants, who are the parents that the death of the deceased is caused in an untoward incident when he was travelling by train as a bonafide passenger, therefore, the claimants are entitled for compensation.

(3.) In response to the notice, the Railway Administration resisted the claim, on the ground that the deceased was not a bonafide passenger and the death of the deceased is caused due to his own negligence, therefore, the Railway Administration is not liable to pay compensation.